Andhra Pradesh High Court - Amravati
Animal Rescue Organisation vs Anuradha, Guntur Dist. And 10 Others on 16 September, 2019
Bench: C.Praveen Kumar, M.Satyanarayana Murthy
1
THE HON'BLE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
W.P. (PIL) NO. 177/2016
AND
C.C. No: 2851/2017
COMMON ORDER:(Per Hon'ble Acting Chief Justice C.Praveen Kumar)
1) W.P.(PIL) No.177 of 2016 - The Writ Petition came to be filed by the petitioner seeking issuance of Writ of Mandamus to declare the action of the Respondent authorities in not taking steps to stop the cock fights and not forming SPCA for each district as illegal, unconstitutional and consequently direct the Respondents to stop, prevent cock fights and betting in Krishna, West Godavari and East Godavari districts.
2) C.C. No: 2851/2017 - The Contempt Case came to filed to punish the Respondents for disobedience of the Orders, dated 26.12.2016, in W.P. (PIL) MP. No. 305/2016 in W.P. (PIL) No. 177 of 2016, passed by the Division Bench of this High Court.
3) The grievance of the petitioner is that, he made representations to the Respondent authorities in October 2016, requesting them to take action in view of the interim orders passed in the earlier PIL. However, the torture and cruelty to the birds went unabated, and the authorities are not taking steps in registering any crime against the persons who are betting and indulging in cock fights.
4) At the time of filing this W.P. (PIL), it has been brought to our notice that W.P. (PIL) No. 320/2014 was also filed seeking same relief. The Division Bench directed posting of W.P. (PIL) No. 320 of 2014 and W.P. (PIL) No. 177 of 2016 together. After hearing both cases, vide a Common Order, dated 26.12.2016, the Division Bench of this court laid 2 down certain guidelines to prevent cock fights during Sankranthi festival season. It would be appropriate to extract the directions given to ensure that cock fights are not held in Sankranthi festival, as under:
(1) As mandated by the 2001 Rules, and the orders of the Supreme Court in Geeta Seshmani v. Union of India (W.P. (Civil) No(s). 440 of 2000 dated 06.08.2008 and Gauri Maulekhi v. Union of India: W.P. (Civil) No. 881 of 2014 dated 13.07.2015, the Government of A.P. shall, at the earliest and in any event not later than 31.01.2017, constitute SPCAs in all District of the State of Andhra Pradesh strictly in accordance with the 2001 Rules.
(2) The District Collectors of all the Districts, more particularly of West Godavari, East Godavari, Krishna and Guntur, shall constitute joint inspection teams, for each mandal in their respective Districts consisting of a police officer not below the rank of Sub-Inspector of Police, the Tahsildar, and a representative of either the animal Welfare Board of India or a member of a non-govermental organization espousing the cause of animals or persons involved in the prevention of cruelty to animals. Two police constables, and a photographer, shall assist each of these inspection teams which shall be constituted on or before 07.01.2017. These joint inspection teams shall be provided necessary assistance by the District Administration to tour all villages in their Mandal, and identify playgrounds/cock-pits where such events are proposed to be held. (3) The District Collector/the Commissioners of Police/Superintendent of Police of the District, on being informed of the places where such playgrounds and cockpits have been formed, shall take immediate action to ensure that such playgrounds are not utilized for conducting cock- fights, if need be, by exercising powers under Section 144 Cr.P.C. (4) The Joint inspection team shall be entitled to enter any premises to seize cocks/roosters which are intended to be set up for cock-fights. (5) They shall also be entitled to seize instruments used or intended to be used for the cock fights, and any money which may have been collected towards betting at such events.
(6) All the District Collectors, the Commissioners of Police and the Superintendent of Police, more particularly from these four District, shall ensure effective implementation of the provisions of the 1960 and the 1974 Acts. They shall be held personally responsible for lapses, if any, on their part in ensuring its proper and effective implementation during the ensuing Sankranthi festivals.
(7) The District Collectors and the Superintendents of Police may, if need be, organise village level meetings to inform the general public of the provisions of the 1960 and the 1974 Acts, the need to ensure its effective implementation, and to prevent cruelty to animals i.e., cocks/roosters. (8) As held by the Supreme Court, in Animal Welfare Board of India v. A. Nagaraja: (2014) 7 SCC 547, the District Collectors, the Commissioners of Police and the Superintendent of Police shall be entitled to take disciplinary action against the erring Tahsildars and Police Officers for their failure to ensure effective implementation of the provisions of the aforesaid Acts.
5) While disposing of the W.P. (PIL) No. 320 of 2014, the Bench directed the W.P. (PIL) No. 177 of 2016 be listed for Orders. At this stage, it is also pointed out that, the Apex Court set-aside the direction No. 4 out of the directions issued by the Division Bench, which is, "the Joint 3 inspection team shall be entitled to enter any premises to seize cocks/roosters which are intended to be set up for cock-fights".
6) The learned Counsel for the Petitioner Sri. K.S. Murthy, would contend that the direction given in W.P. (PIL) No. 320 of 2014 may be made part of the final order in this writ petition, except, direction No. 4, which is said to have been set-aside by the Supreme Court.
7) Apart from the above directions given, he also requested to direct the authorities to see that SPCAs' are constituted in Districts where the same are not yet constituted. The by-laws framed are to be registered and the authorities be provided with suitable space for setting up SPCAs' so as to make the body functional.
8) Apart from that, the counsel for the Petitioner would submit that, the respondent authorities should take necessary steps for investigating any criminal cases registered against the person(s) indulged in cock fight.
9) The Government Pleader for Home would submit that, if criminal cases are registered against any person(s), necessary action would be taken to its logical conclusion in accordance with law, basing on the material that exists.
10) Ergo, by this Common Order, both the petitions are disposed of making the directions issued in W.P. (PIL) No. 320 of 2014, a part of this Order, as under:
1) As mandated by the 2001 Rules, and the orders of the Supreme Court in Geeta Seshmani v. Union of India (W.P. (Civil) No(s). 440 of 2000 dated 06.08.2008 and Gauri Maulekhi v. Union of India: W.P. (Civil) No. 881 of 2014 dated 13.07.2015, the Government of A.P. shall, at the earliest and in any event not later than 31.01.2017, constitute SPCAs in all District of the State of Andhra Pradesh strictly in accordance with the 2001 Rules.
2) The District Collectors of all the Districts, more particularly of West Godavari, East Godavari, Krishna and Guntur, shall constitute joint inspection teams, for each mandal in their respective Districts consisting of a police officer not below the rank of Sub-Inspector of 4 Police, the Tahsildar, and a representative of either the animal Welfare Board of India or a member of a non-govermental organization espousing the cause of animals or persons involved in the prevention of cruelty to animals. Two police constables, and a photographer, shall assist each of these inspection teams which shall be constituted on or before 07.01.2017. These joint inspection teams shall be provided necessary assistance by the District Administration to tour all villages in their Mandal, and identify playgrounds/cock-pits where such events are proposed to be held.
3) The District Collector/the Commissioners of Police/ Superintendent of Police of the District, on being informed of the places where such playgrounds and cockpits have been formed, shall take immediate action to ensure that such playgrounds are not utilized for conducting cock-fights, if need be, by exercising powers under Section 144 Cr.P.C.
4) They shall also be entitled to seize instruments used or intended to be used for the cock fights, and any money which may have been collected towards betting at such events.
5) All the District Collectors, the Commissioners of Police and the Superintendent of Police, more particularly from these four District, shall ensure effective implementation of the provisions of the 1960 and the 1974 Acts. They shall be held personally responsible for lapses, if any, on their part in ensuring its proper and effective implementation during the ensuing Sankranthi festivals.
6) The District Collectors and the Superintendents of Police may, if need be, organise village level meetings to inform the general public of the provisions of the 1960 and the 1974 Acts, the need to ensure its effective implementation, and to prevent cruelty to animals i.e., cocks/roosters.
7) As held by the Supreme Court, in Animal Welfare Board of India v. A. Nagaraja: (2014) 7 SCC 547, the District Collectors, the Commissioners of Police and the Superintendent of Police shall be entitled to take disciplinary action against the erring Tahsildras and Police Officers for their failure to ensure effective implementation of the provisions of the aforesaid Acts.
11) Apart from that, we feel that it would be appropriate to constitute SPCA's wherever they are not formed, frame bye-laws and get them registered. The authorities concerned shall extend all possible assistance for setting up SPCA's.
12) No order as to costs. 13) Consequently, miscellaneous applications pending, if any, shall also stand closed.
________________________________________________ ACTING CHIEF JUSTICE C. PRAVEEN KUMAR _________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:16.09.2019.5
SM.